Burr & Forman Partner Dirk Haire was quoted in Law360 regarding a federal bid protest brought by EVCON CWC JV LLC, a joint venture of EVCON Inc. and Coakley & Williams Construction LLC, challenging the inclusion of mandatory project labor agreement (PLA) requirements in a solicitation issued by the Naval Facilities Engineering Systems Command. The case, filed in the U.S. Court of Federal Claims, contends that the PLA requirement violates the Competition in Contracting Act (CICA) by restricting full and open competition, and represents an unauthorized socio-economic preference lacking statutory authority.

The protest asserts that the PLA mandate, reinstated after initially being removed from the solicitation, stems from a 2022 executive order and a recent Federal Acquisition Regulation (FAR) rulemaking. According to the complaint, this mandate forces federal contractors to adopt union-negotiated terms and conditions regardless of congressional authorization, placing contractors at a disadvantage and creating uncertainty across the procurement landscape.

A similar protest was filed by Cianbro Constructors LLC, challenging PLA requirements in a General Services Administration solicitation for a large-scale construction project in Maine. That case raises identical legal arguments and has been consolidated with EVCON’s challenge. Haire, who represents both EVCON CWC JV and Cianbro Constructors LLC in their respective protests, emphasized the broader implications for federal construction contractors. “The government could quickly resolve this situation of its own making by rescinding the anti-competitive Biden PLA executive order and FAR Rule,” he told Law360. “If for whatever reason it chooses not to, we are prepared to remove the PLAs on a solicitation-by-solicitation basis through the bid protest process if that's what's required to maintain the integrity of CICA and full and open competition.”

Both cases are being closely watched as contractors, agencies, and procurement officers await clarity on the enforceability of PLA mandates in federal construction projects.